Tag: domain names
December 17, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Dynamic injunctions to tackle digital piracy in India
Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ......
May 18, 2020
Intellectual Property | Trademark
Intellectual Property | Trademark
Anti-Suit Injunction and Cross-Border Reputation of Tra...
An anti-suit injunction has always been a matter of interest when it comes to providing parties provisional relief. Anti-suit injunctions are orders passed by courts to restrain parties from commencing or pursuing proceedings in another jurisdiction or forum....
Beyond identical: How Indian courts view likelihood of confusion with house and secondary ...
Adopting a secondary mark alongside a house mark is not always straightforward. Indian Courts weigh in on the likelihood of confusion in such cases, providing insights into trademark strategy and brand identity. ...
Modifying Arbitral Awards: Supreme Court Resolves Conflict in Section 34 Powers
The Supreme Court by way of a landmark judgment in Gayatri Balasamy v. ISG Novasoft Technologies Limited, dealt with the issue of whether courts have the power to modify an arbitral award under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act"). ...
Legal implications of social media “likes”: Section 67 of the IT Act
In a recent judgment, the Allahabad High Court (Court) made an important distinction between liking a post and sharing a post on social media platforms. The Court held that merely liking a post does not amount to publishing or transmitting obscene material under Section 67 of the Information Technology Act, 2000 (IT Act). ...
Is Your Brand Ready for the Multilingual Internet Revolution in India?
As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ...
It’s not always patently obvious, Calcutta High Court weighs in on Brigatinib
The Calcutta High Court in a recent case clarified important aspects pertaining to inventive step assessment and the admissibility of post-filing data. ...
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